Article 54: Teachers' Contracts
Statute 72-5419: Same; conduct of election for determination; conditions; run-off
If the secretary does not dismiss a petition filed under K.S.A.
and determines that it is necessary to direct and conduct a
secret ballot election in order to resolve the questions raised by
the petition, the
order the election held and shall determine the eligibility of professional
employees to vote at the election.
The secretary shall base
his or her determination of the questions raised by the petition upon the
result favored by the majority of the professional employees who vote at
the election if at least a majority of the eligible professional employees
vote. If less than a majority of the eligible professional employees
vote at any election conducted under this section, the status of the professional
employees with regard to representation prior to the election is maintained.
The name of a
professional employees' organization shall not appear on
the ballot unless (a) the
professional employees' organization has submitted to the secretary
satisfactory evidence demonstrating that at least thirty percent (30%)
of the professional employees in the appropriate unit are members in
good standing of such organization, or (b) the professional employees' organization
is the currently recognized exclusive representative. In addition to the
name of any professional employees' organization entitled to be contained
thereon, the ballot in the election shall contain the choice of "no representation."
When an election in which the ballot contains three (3) or more choices
results in no choice receiving a majority of the votes cast, the
secretary shall conduct a run-off election by secret ballot. The ballot
in a run-off election shall only provide for a selection between the two
choices receiving the largest and second largest number of votes in the
original election. The secretary shall certify the result of the election
to the parties involved therein.
History: L. 1970, ch. 284, § 7; L. 1977, ch. 248, § 5; L. 1980,
ch. 220, § 6; July 1.